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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Helenh7

DVLA - mid ** Success **

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My car was written off in may 2012 i cancelled insurance on 18th may 2012 and didn't send docs into dvla until oct (5 months late) i sent them everything including tax disc from jan 2012 to jan 2013, dvla then sent confirmation slip and a check for £21 i think it was minus £40 or so less, i thought that was money they took for fine and that was end of it. WRONG a couple of weeks later i get a letter from - mid - database shows this vehicle was not insured on 19/10/2012 penalty £100, i filled form to appeal and inclosed dvla letter of confirmation and insurance letter of cancellation,then on 5th 12th 2012 i get final notice of failure to insure, so i phoned mid and asked what had happend to my letter of appeal, they said they didn't receive my letter BUT the records have now been updated, can anyone please advise me on what to write on this appeal, oh and how could they update records if they didn't receive my letter of confirmation from dvla. thankyou,

Edited by Helenh7
misspelling

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Hello Helenh7, welcome to the CAG.

 

Enjoy your visit, but take some time to look around the forum and understand where everything is.

 

 

It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are.

 

You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Moved to the DVLA section

 

I don't understand why you would send the insurance cancellation letter, that just proves the DVLA point that the vehicle wasn't insured as it shows you cancelled the insurance in May so the car was uninsured for about 5 months.

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Hi Conniff, I didn't have car to insure, it was written off as it was costing to much to repair, it went on fire due to a manufacturing fault, the manufacturers insurance company paid me out, once i accepted the offer i then went back to arnold clark where my car was going to be repaired, i emptied the car of my belongings and my tax disc,but due to ill health (severe deppression) i didn't send my documents into dvla until 5 months later, i was fully insured 1 year tax and mot everything was above board and legit, the accident happend in april and once i accepted the offer i then got in touch with insurance company and told them the story, no more car so cancelled insurance in may. I have since found out "under the new system"dvla will work in partnership with the motor insurer bureau to identify uninsured vehicles and send the registered keeper a warning letter warning them if they fail to comply with the advice set out in the letter they will face a fixed penalty of £100, I did not receive any letter. Motor insurance database sent me a fixed penalty only after i wrote to dvla,the only thing im guilty of is sending my documents in late, and they deducted £40 from my car tax refund, this must be because i was late with sending back tax disc,i phoned dvla to find out about the £40 and £100 fine that mid are asking for and was told cant talk about it on phone write in to fines office.

Edited by Helenh7
left somthing out

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Hi sir_gilmour, thankyou, yes it is a bit confusing.

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Unfortunately you never SORNed the car so were without insurance for 5 months as the DVLA had no idea it had been written off and are assuming you were using the car on the road without insurance. The regulations stated that unless SORNed a car must have insurance. You may find it difficult to get out of this one as technically the law was broken.

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The regulations stated that unless SORNed a car must have insurance. You may find it difficult to get out of this one as technically the law was broken.

 

I think Surfer may be quite right unfortunately. As we all suspected when they introduced this fantastic new law the was going to cure the problem of uninsured vehicles being driven, it does nothing of the sort, but merely is making a fortune off "innocent" owners who are caught in this minor misunderstanding and never had any intention of driving an uninsured car.

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Maybe a way out. Maybe at that time,the insurance company was the legal owner and the insurance company was negligent and never SORNed the vehicle. I think if OP can determine at what point ownership was passed onto insurance company, there may be a slim chance.

 

BTW what does normally happen in instances were the car is written off?

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BTW what does normally happen in instances were the car is written off?

 

RK should complete Part 9 (V5C/3) of the V5C and send it to DVLA and give rest of V5C to the Insurer.

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RK should complete Part 9 (V5C/3) of the V5C and send it to DVLA and give rest of V5C to the Insurer.

Thought as much, however after writing off a car and all the stress associated with it, probably the last thing on your mind. Surely if insurer do not ask for paperwork, how can they scrapped the vehicle. In an extreme circumstance if the person is killed or badly injured and in hospital for months, how would it work?

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Good news, i got letter from DVLA Enforcement Centre this morning it states,(Thank you for your reply to the fixed penalty notice. In view of the information provided to us no further action will be taken).What a relief, and yes Surfer01 i was totally stressed didn't need the extra aggro from the modern day bounty hunters. Thankyou to all who replyed to my query.

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|Good result. Common sense prevailed at DVLA for a change.

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Congratulations, I have change your subject title to show your success.

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Thanks Conniff for your help.

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